Opinion
03-06-2024
The PEOPLE, etc., respondent, v. Alfaheed ODESANYA, appellant.
Patricia Pazner, New York, NY (Alice R.B. Cullina of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O’Boyle of counsel; Christopher Moore on the brief), for respondent.
Patricia Pazner, New York, NY (Alice R.B. Cullina of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O’Boyle of counsel; Christopher Moore on the brief), for respondent.
ANGELA G. IANNACCI. J.P., JOSEPH J. MALTESE, HELEN VOUTSINAS, LOURDES M. VENTURA, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Michael Aloise, J.), rendered January 21, 2020, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of a mandatory surcharge and fees; as so modified, the judgment is affirmed.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
"Criminal Procedure Law § 420.35(2–a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime" (People v. Cabrera, 222 A.D.3d 878, 879, 200 N.Y.S.3d 101). Pur- suant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating so much of the sentence as imposed a mandatory surcharge and fees (see CPL 420.35[2–a][c]; People v. Wilson, 222 A.D.3d 1009, 201 N.Y.S.3d 666; People v. Douglas, 205 A.D.3d 732, 732, 165 N.Y.S.3d 744).
IANNACCI, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.